Summary
In Teller Paving and Contracting Corp. v. City of New York, 72 A.D.2d 694, 421 N.Y.S.2d 364 (1st Dep't 1979), a plaintiff had signed eight consecutive waivers of claims "waiving and releasing all claims which it may have against the City... arising out of the aforesaid contract."
Summary of this case from Worth Construction Co., Inc. v. I.T.R.I. Masonry Corp.Opinion
November 8, 1979
Order, Supreme Court, New York County, entered August 3, 1978, reversed, on the law, and defendant-appellant's motion for summary judgment dismissing the complaint granted, without costs. Eight consecutive waivers of claims theretofore existing against defendant-appellant city were executed by plaintiff-respondent "waiving and releasing all claims which it may have against the City * * * arising out of the aforesaid contract." This language is clear and to the point, containing no reservations, and plaintiff is bound thereby. (See Mars Assoc. v City of New York, 70 A.D.2d 839; Novison Co. v City of New York, 72 A.D.2d 539. )
Concur — Bloom, J.P., Lane, Markewich, Lupiano and Ross, JJ.